Atherton DUI Lawyer Case Review: MDMA Drug Driving and a Section 87 Work Licence
In shortIn this case review, Atherton DUI Lawyer Joshua Boorman explains an MDMA drug driving matter he handled at Atherton Magistrates Court on the Atherton Tablelands. Our client took MDMA at a bush doof the night before and was caught the next afternoon at a police alcohol and drug testing operation on the road out of the festival. We ran a section 87 work licence application with affidavits from our client and his employer. The court granted the work licence, with one month on the work licence and a $350 fine.
- Charge: driving with a relevant drug (MDMA) present in saliva, Queensland
- Caught at a random police testing operation outside a festival, the day after taking the drug
- Outcome: section 87 work licence granted, one month on the work licence, $350 fine
Queensland law · law checked 12 Nov 2026

What's on this page
Case overview
Joshua Boorman appeared at Atherton Magistrates Court, up the range on the Atherton Tablelands in Far North Queensland, for a young client charged with driving with a relevant drug present. The drug was MDMA, the active ingredient in ecstasy. It was found in his saliva at a roadside test.
Two things make this matter worth explaining. First, the way he was caught: not because of his driving, but because police had set up a testing operation on the only road out of a bush doof. Second, the way the case was run: our client could not do his job without a licence, so the focus was a section 87 work licence application built on affidavit evidence of job loss and severe financial hardship.
This Atherton Drug Driving Lawyer case review explains what happened, the law that applied, how the work licence application was put together and what the magistrate did. It also explains an important change: Queensland’s drug driving penalties increase for offences committed on or after 1 December 2026, so the minimum outcome in this matter would not be available for an offence committed after that date. For the court itself, see our Atherton DUI lawyers page. For drug driving charges generally, see QLD drug driving offences and penalties.
Watch the video: Atherton DUI Lawyer Joshua Boorman outside Atherton Magistrates Court
Joshua filmed this update outside Atherton Magistrates Court on the day of the hearing. Watch it first to hear the matter in his own words, then read on for the detail and the law. You can also watch it on YouTube.
What happened
Our client had gone to a bush doof, a dance music festival held out in the bush. The night before the incident, he took some ecstasy (MDMA). The next day the festival had lost its shine for his group, and he decided to leave a day earlier than he had planned.
At about 4:30pm the next day he drove out. About a kilometre down the road, on a one-way-in, one-way-out route, police had set up an alcohol and drug testing operation. He was stopped at random. As Joshua puts it in the video, it was a random RBT/RDT pull-over. It was not about his manner of driving. He was the sole occupant of the car.
He was open and honest with police. He told them he had taken ecstasy the night before. His saliva test was positive for MDMA, and he was charged with driving with a relevant drug present.
Police testing outside festivals
Joshua’s description of the testing operation is blunt: it’s just a numbers game for them
. When police set up outside a dance festival, he explains, they know they will catch some people who are over the alcohol limit or still have traces of drugs in their system.
That is lawful. The Queensland Government says police can pull drivers over for a random roadside saliva test, just as they can for a random breath test, and that drug tests can be done at random breath testing sites and at targeted drug testing sites. The roadside test looks for four relevant drugs: methylamphetamine (speed and ice), MDMA (the active ingredient in ecstasy), THC (the active ingredient in cannabis) and cocaine.
According to the Queensland Government, the roadside saliva test takes 3 to 5 minutes. If it is positive, a second saliva sample is taken. If that is also positive, the samples are sent for laboratory analysis. Whether a drug is detected depends on the type of drug, its quantity and quality, how often it is used and how long ago it was taken. There is no safe number of hours that applies to everyone.
A positive roadside test also brings an immediate 24-hour licence suspension. The Queensland Government says that if a driver is then charged with driving with a relevant drug present and has no other drug driving charge pending, the licence generally stays valid until the charge is dealt with in court. If a drug driving charge is already pending, the licence is suspended immediately until the court date.
The charge and the penalties
Queensland’s drink and drug driving offences are in section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld) (the TORUM Act). Two drug charges are easy to confuse, and the difference matters a great deal for a work licence:
- Driving with a relevant drug present in blood or saliva — section 79(2AA). This was the charge in this matter (Joshua calls it a “drive with relevant drug” offence). It does not require proof of impairment. Presence is enough. For an offence committed before 1 December 2026, the maximum penalty is 14 penalty units (about $2,417 at the current value of $172.70 per unit) or 3 months’ imprisonment.
- Driving under the influence of liquor or a drug — section 79(1). This is the more serious charge, with a maximum of 40 penalty units or 9 months’ imprisonment for a first offence. A section 87 work licence is not available where the disqualification comes from a section 79(1) conviction (section 87(5)(da)).
Disqualification. A conviction under section 79(2AA) carries a mandatory licence disqualification. Under section 86(2), for a first offence in five years, the court must disqualify an open-licence holder for not less than 1 month and not more than 9 months. Learner, provisional and probationary licence holders, and unlicensed drivers, face 3 to 9 months. The court decides the period, having regard to the presence of the drug and the danger, real or potential, to the public in the circumstances (section 86(2A)). Higher ranges apply to repeat offences.
A work licence can lengthen the disqualification. When the court makes a section 87 work licence order, the maximum disqualification it can impose doubles (section 87(6)). The court must also treat the work licence order as a circumstance indicating the disqualification should be longer than it would otherwise be (section 87(6A)). That is the trade-off in every work licence application: the driver may be able to keep driving for work, but often for a longer period. It is one reason the result in this matter stands out.
For a wider overview of drug driving charges, see our QLD drug driving offences and penalties page.
The law changes on 1 December 2026
This matter was finalised under the law that applied before 1 December 2026. The Transport and Other Legislation Amendment Act 2026 (Qld) changes drug driving penalties from 1 December 2026. For driving with a relevant drug present, the amending Act:
- doubles the maximum fine from 14 to 28 penalty units (about $4,835.60 at the current value), with the 3-month maximum term of imprisonment unchanged;
- sets a minimum penalty of 7.5 penalty units (about $1,295.25) that the court must impose when it sentences with a fine and disqualification only (new section 78E, which has limited exceptions);
- raises the disqualification range for an open-licence first offence to not less than 2 months and not more than 9 months; and
- creates a new combined drink and drug driving offence (section 79(2AB)) for driving over an alcohol limit with a relevant drug also present. A section 87 work licence is not available for that combined offence.
Under section 20C(3) of the Acts Interpretation Act 1954 (Qld), an increase in a penalty applies only to an offence committed after the change commences. The date of the offence matters, not the date of the court hearing. For an offence committed on or after 1 December 2026, a one-month disqualification and a $350 fine like the result in this matter would be below the new minimums.
The section 87 work licence
A “work licence” in Queensland is a restricted licence ordered by the court under section 87 of the TORUM Act. If a person is convicted of an eligible section 79 offence and disqualified, the court can, on their application, order that they be issued with a restricted licence for the period of the disqualification. It does not cancel the disqualification. It allows limited driving during it.
Timing. The application must be made at the proceedings where the person is convicted and, where the court orders the disqualification, before it makes that order (section 87(2)–(3)). It is made in the approved form, Form F3181. The Queensland Government says to complete the form before the hearing and give it to the magistrate after the finding of guilt and before the disqualification is ordered. The court can require the applicant to give evidence and be cross-examined, and other witnesses can be called (section 87(2A)).
The test. Section 87(5)(a) says the court must not grant the application unless the applicant satisfies it that:
- they are a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public generally; and
- a refusal would cause extreme hardship to them or their family by depriving them of their means of earning their livelihood.
If the applicant is not self-employed, section 87(5A) requires an affidavit from the employer confirming the applicant would be deprived of their means of earning a living if the application is refused.
Who is excluded. Section 87(5) also bars an application in a range of situations, including where:
- the applicant’s provisional or open licence was suspended or cancelled, or they were disqualified, within the five years before the application (with listed exceptions, such as a 24-hour roadside suspension);
- the applicant has a drink or drug driving conviction (or a conviction under section 328A of the Criminal Code) within the previous five years;
- the offence was committed while the applicant was doing something directly connected with earning their living, or while driving a vehicle their licence did not authorise;
- the charge is driving under the influence (section 79(1)) or one of the zero-alcohol offences, or it is a section 79(2AA) charge against a driver who would have been on a zero-alcohol limit; or
- the applicant did not hold a Queensland provisional or open licence at the time of the offence and immediately before the disqualification.
What it allows. The order must restrict driving to circumstances directly connected with earning a livelihood. It can set the class of vehicle, the purpose and the times when driving is allowed (section 87(4)). The restricted licence can only be the same class as the licence held before the disqualification (section 87(4A)). The Queensland Government says restricted licence holders must carry the licence and court order, show them to police on request, follow every condition and keep a zero blood alcohol concentration while driving. Driving outside the conditions is an offence carrying up to 20 penalty units, cancels the restricted licence and adds a further 3 months’ disqualification (section 87(10)–(10A)). If work circumstances change later, section 88 allows an application to vary the conditions.
Our QLD restricted work licence page explains eligibility in more detail. Our earlier Beaudesert drug driving case review covers a different work licence matter, decided on its own facts.
How the application was built
Our client’s job was the centre of the application. As Joshua explains, he is on the road every single day, travelling to regional areas for commercial and government projects and installing audio-visual equipment. Without the ability to drive and carry his tools, equipment and supplies, he would not be able to work.
The material put in front of the magistrate included:
- A section 87 application, prepared for the sentence hearing.
- An affidavit from his employer, which section 87(5A) requires for an employee. It addressed the fact that he would lose his job if he lost his licence.
- An affidavit from our client, setting out that losing his job would cause him severe financial hardship.
- Evidence he was a fit and proper person: he had completed the Traffic Offenders Program, he had a very limited traffic record with only two minor traffic infringements, and he was a young driver who had held a licence for only a few years.
- Remorse. He had been open and honest with police from the roadside, and he showed remorse. His family came to court in support.
None of this made the offence go away. What it did was give the magistrate a full, sworn picture of what refusing a work licence would mean, and why our client could be trusted with one. Hardship evidence is most persuasive when it is specific: what the job involves, why driving is essential to it, and what happens to the person’s income if the licence goes.
The outcome
In Joshua’s words: We were successful in getting the work licence across the line.
The court:
- granted the section 87 work licence;
- left our client on the work licence for one month, which Joshua describes as the absolute minimum for this type of offence at the time; and
- imposed a $350 fine.
One month was the bottom of the 1-to-9-month disqualification range that applied to an open-licence first offence before 1 December 2026, even though a work licence order can push a disqualification longer. Our client could keep working, on the restricted conditions in the order, for that month.
This is one past result. It turned on the charge, our client’s licence and record, the affidavit evidence, the steps he had taken and the magistrate on the day. It is not a typical or expected outcome for anyone else, and, as explained above, the minimums are higher for offences committed on or after 1 December 2026. Every case is different. Past results don’t predict the outcome of any other matter.
Practical lessons from this Atherton drug driving case
- The next afternoon can still be too soon. In this matter the MDMA was taken the night before and was still detected in saliva around 4:30pm the next day. Sleep, time and feeling fine do not matter on a presence charge. What matters is whether the drug is still there.
- Festivals attract testing operations. Police set up where they expect results. A single road out of an event is an obvious place for a random testing site.
- The exact charge decides whether a work licence is possible. A section 79(2AA) presence charge can leave room for a section 87 application. A section 79(1) under-the-influence charge does not, and neither will the new combined drink and drug offence for offences from 1 December 2026.
- Eligibility comes first. Licence type, five-year history and whether the driver was driving for work at the time all need checking before anyone prepares affidavits.
- Affidavit evidence carries the hardship test. The court has to be satisfied of extreme hardship. For employees, an employer affidavit is a legal requirement, not an optional extra.
- Fit and proper is about the whole person. In this matter, the Traffic Offenders Program, a limited traffic record, honesty with police and genuine remorse all went to that question.
- The offence date decides which penalties apply. Offences from 1 December 2026 face higher minimums.
Talk to an Atherton Drug Driving Lawyer
If you have been charged with drug driving or drink driving and your matter is listed at Atherton Magistrates Court, Joshua and the Boorman Lawyers team can help you prepare, including any section 87 work licence application, and can represent you at court. Our Atherton DUI lawyers page explains how we work with clients at that court and where to check current sitting arrangements before a court date. For nearby courts, see our Mareeba DUI lawyers and Cairns DUI lawyers pages.
This case review is general information only, not legal advice for your situation. Every case is different, and results depend on the facts of each matter. Past results don’t predict the outcome of any other matter.
Call 1300 941 900 or make an enquiry about legal representation at boormanlawyers.com.au.
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FAQs about this post
Can you get a work licence for MDMA drug driving in Queensland?
Sometimes. A charge of driving with a relevant drug present in your blood or saliva (section 79(2AA) of the Transport Operations (Road Use Management) Act 1995 (Qld)) can leave room for a section 87 restricted licence, often called a work licence, if the other eligibility rules are met. MDMA is one of the relevant drugs police test for. A work licence is not available where the disqualification comes from a conviction for driving under the influence of a drug (section 79(1)), and other bars apply, including a recent licence suspension or disqualification, a drink or drug driving conviction in the previous five years, and committing the offence while driving for work. Whether a work licence is possible depends on the licence held, the driving record and the exact charge.
What do you need to prove to get a section 87 work licence?
Section 87(5)(a) requires the applicant to satisfy the court that they are a fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public, and that a refusal would cause extreme hardship to them or their family by depriving them of their means of earning a living. If the applicant is not self-employed, section 87(5A) requires an affidavit from the employer confirming the applicant would be deprived of their means of earning a living if the application is refused. The application is made on the approved form (Form F3181) at the sentence hearing, before the court orders the disqualification.
What are the penalties for driving with a relevant drug present in Queensland?
For an offence committed before 1 December 2026, a first offence of driving with a relevant drug present carries a maximum of 14 penalty units (about $2,417 at the current penalty unit value) or 3 months’ imprisonment, and an open-licence holder with no relevant history in the previous five years is disqualified for between 1 and 9 months. For offences committed on or after 1 December 2026, the maximum rises to 28 penalty units, a minimum fine of 7.5 penalty units applies when the court imposes only a fine and disqualification, and the minimum disqualification for an open-licence first offence rises to 2 months. Different periods apply to learner, P-plate and repeat drivers.
Can police test drivers leaving a music festival?
Yes. The Queensland Government says police can carry out random roadside saliva tests for relevant drugs, just like random breath tests, at random breath testing sites and at targeted drug testing sites. In this matter police had set up an alcohol and drug testing operation on the road out of the festival, and our client was stopped at random rather than because of the way he was driving.
Is it legal to drive the morning after taking MDMA?
The offence of driving with a relevant drug present is about whether the drug is present in saliva or blood, not whether the driver feels affected. The Queensland Government notes that detection depends on factors such as the type, quantity and quality of the drug, how often it is used and the time since it was taken, so there is no fixed safe waiting time. In this matter the MDMA was taken the night before and the positive test happened the next afternoon.
When should I speak to an Atherton DUI Lawyer about a work licence?
As early as possible after being charged. A section 87 application has to be ready for the sentence hearing, and the court will not consider one after the disqualification has been ordered. Affidavits from the applicant and the employer, and any course certificates or references, take time to organise. Early advice also allows eligibility to be checked before work goes into an application.
Sources and date checked
Sources and references for this page, checked 12 November 2026 (Brisbane time).
- Transport Operations (Road Use Management) Act 1995 (Qld) ss 79, 86, 87, 88 (reprint current as at 21 September 2026; PDF checked 12 Nov 2026)
- Transport and Other Legislation Amendment Act 2026 (Qld) No. 23, s 2 and pt 10 div 3 (commencing 1 December 2026; checked 12 Nov 2026)
- Acts Interpretation Act 1954 (Qld) s 20C (changes in penalties; checked 12 Nov 2026)
- Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2026 (Qld): penalty unit $172.70 from 1 July 2026
- Queensland Government – Drugs and driving (checked 12 Nov 2026)
- Queensland Government – Restricted licence (work licence) (checked 12 Nov 2026)
- Queensland Government Ministerial Media Statement – new road safety laws passed (drug driving changes from 1 December 2026)
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